A marriage was solemnized on 02.09.07 between Noorjahan and Abdul Hafiz Sha. She stayed only 15 days at her mother-in-law. After that she gets back all her belongings and mhar has been paid already in Nikah. She has pronounced Khula in presence of the respectable Holy persons without any reasons. The government of Tamilnadu Chief Qazi has given a fatwa that the marriage has been dissolved by the way of Khula on 29.12.2007. In this connection the Chief Qazi ultimately proof and evidence to show the Nikah by a letter, the Nikah has been dissolved. Whether we have to pay the maintenance for her by Shariah? Therefore I request to your opinion (Fatwa) in Shariat-e-Mutahira and what to do and how to follow Qurani terms. Please issue in your public sector through website for which act of generosity.
Answer:
(Fatwa: 1189/1195/N=1433)
If you have terminated your marital relation with your wife Noor Jahan by Khula or talaq according to Shariah then the maintenance, housing and clothing shall be wajib on you till she completes her iddah period, provided Noor Jahan does not pass her iddah in any other place without your permission and consent without Shariah excuse.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband